Last Will vs. Living Will: What's the Difference?

Benjamin Franklin famously said, “By failing to plan, you are preparing to fail.” A bit dramatic, sure, but he wasn’t wrong—especially when it comes to wills.

No one likes talking about wills. It’s up there with doing taxes and pretending to enjoy broccoli. But knowing the difference between a last will and a living will is one of the most important steps in taking control of your future.

Why? Because they serve completely different purposes. A last will decides what happens after you’re gone—your money, property, even your prized comic book collection. A living will, on the other hand, ensures your healthcare wishes are respected when you can’t make decisions yourself.

Still, most people get them confused. That’s probably why only 32% of Americans have a will, let alone a living will. But don’t worry, we’ve got you covered.

This guide will break down the difference between a last will vs living will so you can feel confident about protecting your family, your assets, and yes, even your wishes about kale. 

What is a Last Will and Testament?

A last will and testament is a legal document that spells out how your assets will be distributed after your death. It ensures that your wishes are followed and reduces confusion for your family.

Here’s what a last will typically includes:

• Asset distribution: Who gets what, including money, property, and personal belongings
• Beneficiaries: The people or organizations who will inherit your assets
• Executor: The person you appoint to carry out the instructions in your will

A last will ensures your estate is distributed according to your wishes. It outlines who inherits your assets, appoints guardians for minor children, and names an executor to manage the process.

What is a Living Will? 

A living will is a legal document that outlines your healthcare preferences in situations where you can’t make decisions for yourself. It guides your loved ones and doctors on what medical treatments you want—or don’t want—during critical or end-of-life care.

Key components of a living will include:

• Healthcare preferences: Decisions about life support, resuscitation, or organ donation
• Medical directives: Specific instructions for your care

A living will ensures your medical choices are honored, removing the burden of tough decisions from your family. It prevents confusion and emotional strain during emergencies. For instance, it can specify whether you want to be kept on life support, giving everyone clarity during emotionally charged moments.

Last Will vs. Living Will: Key Differences

While a last will and a living will both safeguard your wishes, their purposes are entirely different. Understanding the difference between last will vs living will help you see how they complement each other.

Why You Need Both a Last Will and a Living Will

Planning for the future can feel overwhelming. But having both a last will and a living will makes life easier for your loved ones and ensures your wishes are respected. These two documents handle completely different but equally important parts of your life plan.

Here’s how they complement each other:

• A last will decides what happens to your stuff—your money, your home, your cherished vinyl collection—after you’re gone. It also lets you name someone to handle everything (your executor) and decide who takes care of your kids, if that applies
  
  
• A living will, on the other hand, is about your healthcare. It’s the document that steps in when you can’t speak for yourself, making sure doctors and family know exactly how you want to be treated. Think decisions like life support, resuscitation, or organ donation

Why both matter

God forbid, you’re in an accident and can’t communicate. In such a state, your living will tells the doctors whether you’d want life support or not, sparing your family from guessing. 

Then, if the worst happens, your last will steps in to guide what happens next—who gets your assets, who handles your affairs, and so on.

Without these documents, your family could be stuck making gut-wrenching decisions while dealing with lawyers, courts, or worse—fights over who gets what.

Last will vs living will isn’t an either-or situation—you need both to fully protect your future. It’s a gift of clarity for yourself and peace of mind for the people who care about you.

How Docupilot Helps with Creating a Last Will and Living Will

Docupilot makes creating a last will and living will seamless and stress-free. With customizable templates, you can draft legally compliant documents tailored to your specific needs—whether it’s deciding how your assets are distributed or outlining your healthcare preferences.

Here’s how Docupilot stands out:

• Streamlined workflows: Automates the entire process, saving time and reducing the chance of errors
• Accuracy and compliance: Ensures documents meet legal standards, so you can draft with confidence
• Collaboration tools: Work with legal professionals easily to finalize documents

Docupilot simplifies what might otherwise feel daunting, giving you peace of mind that everything is handled correctly.

Try Docupilot for free

Secure Your Future with Confidence

Planning for the future is never easy. You have to really think about what your life will be like a few years down the line. Who wants to do that? 

But as adults, we need to keep our bases covered and ensure our wishes are respected when it matters most. Together, the last will and living will provide a complete plan for life and beyond.

With Docupilot, creating these vital documents is simple, accurate, and stress-free. Its customizable templates and automated workflows make the process fast and easy, so you can focus on what matters most.

Take control of your future—start creating your last will and living will with Docupilot today.

Book a demo